Lawsuit Challenges Constitutionality of Idaho’s $50M School Choice Program
By Greg Pruett • September 20, 2025A coalition of education advocates and public officials has filed a lawsuit challenging Idaho’s newly enacted school choice legislation, House Bill 93 (HB 93).
Signed into law by Governor Brad Little, HB 93 establishes the Idaho Parental Choice Tax Credit, allocating $50 million annually from the state’s general fund to support private school tuition and related educational expenses. While supporters hail it as a win for parental rights, critics argue the bill is unconstitutional and could negatively impact homeschooling and public education.
The lawsuit was filed by the following plaintiffs:
- Idaho Education Association (IEA)
- Moscow School District
- Committee to Protect and Preserve the Idaho Constitution
- Mormon Women for Ethical Government
- Rep. Stephanie Mickelsen (R–Idaho Falls)
- Former Superintendent Jerry Evans
- Several concerned Idaho residents
They are represented by Hawley Troxell, a prominent law firm with a long history of working with Boise State University and other state institutions.
According to the IEA, the bill violates Article IX, Section 1 of the Idaho Constitution, which mandates a “general, uniform and thorough” system of public education. In a statement on their website, the IEA argues:
“By diverting taxpayer funds to private schools, it is funding a parallel system of private schools outside of the single public school system prescribed by the constitution… Nor can it be ‘public’ when private schools are not open to all, nor are they accountable to taxpayers in open and transparent ways.”
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Beyond constitutional concerns, opponents have raised alarms about oversight and transparency. Critics point out that:
- Private schools receiving funds are not required to follow public school standards
- There are no mandated background checks for educators
- Schools can reject students based on religion, disability, or other criteria
Supporters of HB 93, including national school choice advocacy group EdChoice, plan to defend the law. Renee Flaherty of the Institute for Justice stated:
“This program is no different than the many other programs across the country that have been upheld as constitutional and helped thousands of families. Our clients will fight to defend it every step of the way.”
Should taxpayer dollars support private education in Idaho? Share your thoughts in the comments below.
Tags: Brad Little, H.B. 93, Hawley and Troxell, Idaho, Idaho Education Association, Jerry Evans, Lawsuit, Mormon Women for Ethical Government, Moscow School Dstrict, Staphanie Mickelsen
2 thoughts on “Lawsuit Challenges Constitutionality of Idaho’s $50M School Choice Program”
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The plaintiff list appears to be, obviously, a laundry list of lying liberals in our state. My own children are grown and no longer in play when it comes to schools we would prefer, however we know full well the impact public schools and the system behind it have on school-aged children.
I was the school principal and administrator myself in a small Christian school in another state years ago and the difference in educational and moral outcomes from both public and private (Christian) schools is profoundly different. I would not send my children to pubic schools under any circumstances…period. I sincerely hope that this bogus list of plaintiffs and their twisted values and money-grubbing ways are exposed for all to see.
But do you actually have any commentary on the specifics of the suit as it relates to established Idaho law and the Idaho Constitution ? It appears they DO have some ground to stand on.